Through all the family cases that we have handled, we have come to accept, without discounting the contrary, the sad fact that bad blood exists between the opposing parties (e.g., estranged spouses in annulment/separation/property cases, siblings and relatives in estate proceedings). In particular, with respect to custody-support cases over children, it is easily understandable that custody is one of the more contested issues. However, the issue on child support should not be as complicated.
It should not be as complicated, but reality makes it so. Articles 195 and 196 of the Family Code enumerate the persons who are under obligation to support each other:
- (1) The spouses;
- (2) Legitimate ascendants and descendants;
- (3) Parents and their legitimate children and the legitimate and illegitimate children of the latter;
- (4) Parents and their illegitimate children and the legitimate and illegitimate children of the latter;
- (5) Legitimate brothers and sisters, whether of full or half-blood; and
- (6) Brothers and sisters not legitimately related, whether of the full or half-blood, except only when the need for support of the brother or sister, being of age, is due to a cause imputable to the claimant’s fault or negligence.
On the other hand, the amount of support should be in proportion to the resources or means of the giver and the necessities of the recipient, pursuant to Articles 194, 201 and 202 of the Family Code:
Art. 194. Support comprises everything indispensable for sustenance, dwelling, clothing, medical attendance, education and transportation, in keeping with the financial capacity of the family.
The education of the person entitled to be supported referred to in the preceding paragraph shall include his schooling or training for some profession, trade or vocation, even beyond the age of majority. Transportation shall include expenses in going to and from school, or to and from place of work.
Art. 201. The amount of support, in the cases referred to in Articles 195 and 196, shall be in proportion to the resources or means of the giver and to the necessities of the recipient.
Art. 202. Support in the cases referred to in the preceding article shall be reduced or increased proportionately, according to the reduction or increase of the necessities of the recipient and the resources or means of the person obliged to furnish the same.
If you are a parent, it is safe to assume that you would want the best for your child and you wouldn’t hesitate to provide adequate support. However, it’s unfortunate that when it comes to support for the common children (whether legitimate or illegitimate), so many fathers still fail (or worse, simply refuse) to provide adequate support. Whatever the reason is, and regardless of whether or not these reasons are correct, the problem became pervasive, so much so that Congress saw it fit to “criminalize” (only against fathers) the withholding of support in certain instances. Not everyone knows that this is covered under Republic Act No. 9262, otherwise known as the “Anti-Violence Against Women and their Children Act of 2004“. [See Laws on Child Support in the Philippines]
Not everyone also knows that R.A. 9262 provides for criminal sactions or penalties for failure to provide support or withholding custody, in certain cases. Well, now you know.
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Hi atty i have a child and he is now 10yrs old his father doesnt support us were not married and now he is in jail can i get a financial support to hishism mother or brother?…
I’m a sinlge mother of a son with down syndrome. Planning to file child support legally to the father as I don’t want to regularly asking him on the needs of our son. Im currently working right now with a monthly salary of 20k and he is also working with monthly salary of 50k but have other online work wherein he earns 100k+. my question is this:
1. Have a plan to stop working and focus on the theraphy of my son but need financial support can this be put legally?
2. Since his online work does not state in his ITR can this be also grounds for his financial support to us.
Early intervention needs for my son is quite high so I really want to demand for a higher financial support. What will I do? Please help.
good day poh seaman poh ako kauuwi q lang galing barko sa pagkat nalaman ko nalng na may kalandian ang asawa ko tapos nag hiwalay poh kami ngayon, ilan po ba dapat ang ma i sustinto sa anak namin 3yrs old pa lang po at sa annulment ano poh ba kailangan para ma approve
Good day sir,
I single parent 1 daughter 1 year old and 2 months i just want to know if how much the legal support financial or a minimum financial support of my daughter to her father he is in qatar and he is a engineer by profesion. I know how much his income i think his support for my daughter is not enough.
Thank you hoping to hear you soon.
Hi,
Im currently separated to my 5year live-in partner we have a 1 year old daughter, how can I assure that he will give the monthly support he’s telling me.
I really want assurance that he will give it.
thank you
hi im lesly po.. ask ko lang po may anak po ako sa pagka dalaga at ung apelyido po ng anak ko sa father nia din po dati po kasi hindi po kami nanghihingi ng suporta sa bata kasi po wala pa pong trabaho ung lalaki nag inquire po kasi ako before sa dswd ang sabi po pag wala pong work ung father ng bata wag ko daw po pilitin mag bigay kasi po wala nmn daw pong ibibigay ung lalaki ngaun po kasi may work na po sya sa ibang bansa bali ilang buwan na din po nung bago po sya sa ibang bansa sabi nia po mag bibigay sya sa anak namin at babawi daw po sya pero nung dumating na po ung date na sinabi nia wala nmn daw po mag hinty daw po ako ngaun po lumakad po ung isang linggo wala pa din po gang lumakad po ulit ung ilang linggo wala pa din po, nainis po ako kasi po sabi ko sknya pang aral po un ng bata kahit mag kano lang nmn po ibigay nia ok lng po pero wala pa din po… Ilang buwan na po nakalipas nag msg. po ang mama ko sa tatay ng anak ko na sinabi po na dati po hindi po sila kumikibo dahil wala po syang trabaho ngaun may work na po sya mag bigay po sya ng sustento sa anak nia hanggang ngaun po mag 3 linggo na po hindi pa po nag rereply ung tatay po ng anak ko sa msg. po ni mama sa facebook pero lagi nmn po naka online ung lalaki.. ano po ba dapt nmin gawin para magkaroon po ng sustento ung anak ko at makapag aral po ang anak ko sa susunod na taon… gusto ko din po kasi mabigay mga pangangailangan ng anak ko pero ako po kasi na nanay ng bata hirap po kami ngaun..
Good day. I came across this forum in my search of the Child Protection Act in the Philippines. I’m hoping to receive your advice on the applicability of R.A.9262 to a US born child with Filipino born unmarried parents. My son was born in 2001 in Honolulu to a then US Green card holder mother and a Filipino father. My son has lived with me always and I’ve had full custody. We are currently living in New York and have been here since 2007. Upon my request, my son’s father provided $500/month starting a only in August 2014 which goes towards my son’s college fund. Prior to that my son’s father has not provided any financial assistance. In December 2015, the monthly allowance stopped. What legal remedies does my son, who’s now 15, have? Thank you.
helo atty.. im edelyn from cotabato city..i just want to ask regarding for the financial support to the father of my son.. im his common law partner for almost 8 yrs..so we broke up..so we talk about to his support for his child to me..i want a written agreement but he has nothing to do.. he said to me that he will give to me allowance a week the amount of 1thou. my son in Grade-3 now..but his promise never gonna make it. but sometimes he give me 1 thou. after 2 weeks which is its not enough. i want to sue with him.. for financial assistance..what will i do sir…can you give me an advise. thanks
Good day Atty.
I want to consult you on our current situation right now. I have a partner who impregnated a woman 4 years ago. He did not acknowledge the child as his own or signed any documents that would tell that he is the father of the child. The woman just told him that he is the father of the child. Now this woman is seeking financial support for the child. The problem is, my partner doesn’tt have a job. we have a baby, and i am the only one working.
Does the request for financial support affects me? how will he support the child since he is jobless?
Hope you will reply… thank you and God bless!
Hello Atty.
yung pinsan ko po ay hiwalay sa unang asawa, parehas na po silang may kinakasama at anak sa kani-knilang pamilya.
ang anak po ng pinsan ay nasa kanya, ngyon po binata na yung anak nila 14yrs, hindi na po nasunod sa pinsan ko, sumasagot sagot din po, matagl na kaming nagmemessage sa nanay nung bata na kunin na dito dahil hindi naman nasunod samin, hindi na napasok, naimon na, napapabarkada…. ngayon, yung pinsan ko po napuno na, nasaktan nya po yung anak nya, kinuha po ng nanay yung bata nagpunta sila ng dswd may hearing sila sa oct 24.. ngayon yung anak po nila, andto nanaman po sa lugar namin pero nakikituloy sya sa tito nya. ano po ang pwedeng gawin ng pinsan ko, gusto sana nya na sa ina na yung bata dahil napapariwara po dito samin dahil sa barkada.
thank you